Skillern and Clower (Child support)

The matter of *Skillern and Clower* concerned a dispute between the parties regarding child support payments. The applicant, Skillern, sought to have payments made to a third party recognised as child support payments. The respondent, Clower, contended that these payments were not child support. The decision under review was made by a Senior Member of the Child Support Assessment Office.

The central legal issue before the Senior Member was whether payments made by the applicant to a third party, rather than directly to the respondent or through the Child Support Agency, could be considered as satisfying the applicant's child support obligations. This required an examination of the intention of both parents concerning these payments.

The Senior Member affirmed the decision under review, finding that the payments made to the third party were not made with the intention of both parents that they be in lieu of child support. The legal principle applied was that for a payment to a third party to be recognised as child support, there must be a clear and mutual intention between both parents that such a payment would discharge the payer's child support liability. In this instance, such a mutual intention was not established.